Back / lumbar spine decisions — 2018

The Board found that the Veteran's cervical spine disorder was not incurred in service and is not related to his active military service. The Board also determined that it is less likely than not that the cervical spine disorder is secondary to his service-connected lumbar spine disability.

The Veteran's syphilis and neurosyphilis are attributable to his active service, including service in Southwest Asia. Service connection is granted for these conditions.

The Board found that the evidence does not support a finding of service connection for back or neck disabilities, as there is no probative nexus opinion linking these conditions to military service.

The Board has remanded the case for further development due to inadequate medical opinions in previous examinations.

The Veteran seeks higher evaluations for his service-connected dorsolumbar myositis and left knee strain, as well as entitlement to reopen a claim of service connection for hepatitis C.,His hepatitis C claim is being remanded for an etiological opinion.

The Board has determined that the Veteran's hernia (umbilical and ventral) did not manifest during service or is otherwise related to service. The back disability was also found not to be caused by or aggravated by service-connected disease or injury.

The Veteran's service-connected chronic low back strain with mild degenerative changes is rated at 40 percent, but the Board finds that he may be unemployable due to his disability. The case is being referred for extraschedular TDIU consideration.

The Board has remanded the case due to lack of substantial compliance with its April 2017 remand directives. The Veteran's claim for service connection for a left shoulder disability, secondary to his service-connected gout and/or lumbar strain, is now pending.

The Veteran's bilateral radiculopathy of the lower extremities is found to be secondary to his service-connected lumbar spine degenerative disc disease. The claim for increased disability rating for the lumbar spine disorder and TDIU are granted.

The Veteran's right elbow disorder appeal was withdrawn.,Service connection for hearing loss and low back disorders is not warranted as the evidence does not show a current disability or link to service.,Service connection for tinnitus has been granted as there is no doubt that it began during service and is related to noise exposure in service.,The Veteran's right and left knee disorders are not service-connected as there is no probative evidence of a chronic disorder since service.

The Veteran's appeal is being remanded for further evidentiary development, including a new VA or fee-basis spine examination to assess the current severity of his service-connected low back strain.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for cervical arthritis. The claims of service connection for cervical spine DJD and DDD with scoliosis, lumbar spine DJD and DDD with spinal stenosis and thoracic spine DDD, and bilateral leg radiculopathy are granted.

The Veteran's lumbar spine degenerative disc disease and osteoarthritis have been rated at 20 percent since the appeal period began, effective from July 14, 2010.

The Board has determined that additional development is needed for the Veteran's claims, including a new VA examination and issuance of a statement of the case.

The Board granted service connection for the appellant's right knee disability and assigned an initial rating of 20 percent effective September 9, 2010. The cervical spine disability was also granted with a separate initial rating of 10 percent effective September 9, 2010. The TDIU claim is still pending.

The Veteran's claim for an increased rating for his degenerative disc and joint disease of the thoracolumbar spine is being remanded due to a need for further development, including a new VA examination.

The Board denied service connection for a back disability and a bilateral knee disorder, finding that new evidence did not raise the possibility of substantiating these claims. The Veteran does not have a current diagnosis of a bilateral knee disability.

The Board has decided to remand the case for further development, including obtaining private treatment records and scheduling a VA spine examination.

The Veteran's chronic low back strain with degenerative disc disease is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Veteran's service connection claim for sciatica of the right lower extremity is granted as it is secondary to her already service-connected lumbar disability.